Personal Injury Clients’

Questions and AnswersMost Frequently Asked

www.gibsonsingleton.com

Phone: (804) 413-6777 • Fax: (804) 824-9491

4073 George Washington Memorial Hwy, Hayes, Virginia 23072

info@gibsonsingleton.com

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Table of Contents

#1 | How much is my case worth? . . . . . . . . . . . . . . . 1

#2 | How long will my personal injury case take? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

#3 | What happens after I sign as a client with GibsonSingleton? . . . . . . . . . . . . . . . . . . 3

#4 | What should I do to help GibsonSingleton with my case? . . . . . . . . . . . . . . . . 4

#5 | What’s the best way to reach you? . . . . . . . . . . . . . 5

#6 | How do I pay your legal fees? . . . . . . . . . . . . . . . . 6

#7 | Do I pay for the costs of my case upfront? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

#8 | What is negligence? . . . . . . . . . . . . . . . . . . . . . 7

#9 | How do you negotiate a settlement with the insurance company? . . . . . . . . . . . . . . . . . . 8

#10 | If we file a lawsuit, where will the case be tried? . . . . . . . . . . . . . . . . . . . . . . . . 10

#11 | What’s the difference between the General District Court and the Circuit Court? . . . . . . . 11

#12 | Do I still have a claim if my health insurance paid my medical bills? . . . . . . . . . . . . . . 12

#13 | Do I have to reimburse my health insurer? . . . . . 12

#14 | Can my health insurer file a lien against my case? . 13

#15 | Will the information I share with you be confidential? . . . . . . . . . . . . . . . . . . . . . . . 14

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#1 | How much is my case worth?

This is a difficult question to answer at the beginning of a case, but the value

of your claim will become clearer once we have completed our investigation

and gathered all your medical records, bills, and lost wages information .

Generally, the value of your personal injury case will depend on the severity

of your injuries, the facts of your case, the amount of insurance coverage

available, and the strength of our claim that the other driver was at fault .

The value of your case comes down to what “damages” you have suffered as a

result of the wreck .

DAMAGES INCLUDE:

Past medical bills

Future medical bills

Lost wages

Loss of earning capacity

Pain and suffering

Inconvenience

Personal property damage in car (such as replacement of glasses, or injuries to a pet)

Cost of prescriptions and medical devices

After we have completed our investigation of your case and collected all the

necessary information, we will discuss our estimate of the case value with

you, and begin negotiations with the defendant’s insurance company .

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#2 | How long will my personal injury case take?

Determining how long your personal injury case will take is difficult to

predict . Most clients come to our office when they are still receiving medical

treatment for their injuries from the accident . You should reach “maximum

medical improvement” (MMI) before we can safely move forward with

settlement negotiations with the insurance company .

MMI is the point when your treating physicians determine that you have fully

recovered from your car wreck . MMI may not mean you have returned to the

same level of health as before the accident, but it’s the doctor’s way of saying,

“This is as good as it’s going to get,” as far as your recovery is concerned .

It is important to remain patient throughout the process if you want to

maximize your recovery . Sure, the insurance company will settle today, but it

will be for a value far below what your case is worth . The worst mistake you

can make in your case is agreeing to settle your case too early and for too little

money, and then having a major medical problem related to the accident

arise . Once your case settles, you have no ability to re-open your claim and

ask for more money .

It is our goal to obtain the most compensation possible for you in an

efficient manner . If the insurance company is offering a fair settlement

amount, and you have reached MMI, then it’s possible to settle your case

early in our representation . However, your case could take one to two years,

or even longer, if your treatment is ongoing, and it becomes necessary for us

to file a lawsuit against the other driver because his insurance company will

not offer a fair settlement amount .

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#3 | What happens after I sign as a client with GibsonSingleton?

We create a file for your case, and send letters to the insurance companies

letting them know that we represent you and that all future communication

should come to our firm and not you . We also send a request for a copy of the

accident report related to your case . Next, we begin gathering information

about your case .

WE WILL REQUEST

Medical records

Bills

Lost wages information

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#4 | What should I do to help GibsonSingleton with my case?

Your first job is to get well . Focus

on your medical treatment .

Make sure that you attend all

your doctor’s appointments and

physical therapy sessions . If your

treatment isn’t documented in

medical records, and you aren’t

consistent in attending your

treatment, then as far as the

insurance company is concerned,

you weren’t hurt .

It is also very important to keep

good records of your treatment

and provide us with any paperwork

you receive about your case,

such as medical records, bills,

prescription receipts, and

insurance explanation of benefits

(EOB) forms . We love paper! It’s

our job to review and organize all

the documents you provide and

use them to get you the best case

result possible .

Keep us updated about your health,

your medical treatment, upcoming

surgeries, and any other important

developments in your life .

See our “Top 10 Keys to Success

of Your Personal Injury Case” in

your orientation folder for more

good advice on how to help us

help you .

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#5 | What’s the best way to reach you?

Feel free to call our firm at (804) 413-6777, or email us with your questions

and updates . Kathy Wilmot (John’s assistant) and Michelle Cain (Ken’s

assistant) are here from 8:30 a .m . to 5:00 p .m . Monday through Friday, to help

you with your case . Ken and John are often out of the office attending court or

conducting case investigations, but we can be reached by email at ken@

gibsonsingleton.com or john@gibsonsingleton.com . We will return your

call or email as soon as possible . You may also email Kathy at kathy@

gibsonsingleton.com and Michelle at michelle@gibsonsingleton.com .

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#6 | How do I pay your legal fees?

In most (but not all) cases, our firm is paid on a contingency-fee basis,

meaning that we are paid out of any recovery we obtain for you by settlement

or by a verdict at trial . Generally, our contingency fee is 33.3 percent of the

recovery for auto, truck, motorcycle, and boat accident cases .

#7 | Do I pay for the costs of my case upfront?

No, our firm pays your case fees and litigation costs upfront and is

reimbursed through the recovery we obtain on your behalf .

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#8 | What is negligence?

Negligence is the failure to use reasonable care to prevent harm to others .

A person is negligent if he or she does something that a reasonably careful

person would not do in the same situation, or fails to do something that a

reasonably careful person would do in the same situation .

In an auto accident case, we must prove that the other driver’s negligence

caused the car wreck that injured you . Some common examples of negligent

driving behavior include following too closely, failing to yield the right-of-

way, driving drunk or under the influence of drugs, driving at an excessive

speed, and failing to keep a proper lookout .

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#9 | How do you negotiate a settlement with the insurance company?

The key to successfully negotiating a fair settlement with the insurance

company is to know your case inside and out . That means we must

thoroughly investigate your case and obtain as much information as possible

about the facts of the accident and the injuries you have suffered . We must

also be prepared to respond to any claims by the insurance company

suggesting you were in any way at fault for the accident, or that your injuries

and medical treatment were not serious or are unrelated to the car wreck .

Once we have gathered all

the information we need and

you have fully recovered or

reached “maximum medical

improvement,” then we are ready

to begin negotiations with the

insurance company .

The initial effort to settle your case begins with our detailed letter to

the insurance company accompanied by supporting documents and

photographs in what we refer to as a “demand package.” We “demand”

a settlement amount on your behalf . The demand package outlines the

negligence of the other driver, and provides an overview of your damages –

your pain and suffering, inconvenience, past and future medical bills, impact

on your daily life, and your lost wages . With our letter, we include all your

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medical records and bills, the accident report, photographs of the accident,

and photos of your injuries and treatment .

The insurance company reviews

our demand package and responds

with an offer of settlement usually

within 30 to 60 days . The offer is

generally very low, and we have

to continue to negotiate until

we reach a settlement that fairly

compensates you for your injuries

and other damages .

If the insurance company won’t offer a fair settlement amount, the next step

is a discussion with you about filing a lawsuit against the other driver .

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#10 | If we file a lawsuit, where will the case be tried?

In most cases, we file lawsuits

in the county or city where the

accident happened . However, we

are permitted to file a lawsuit in the

county or city where the defendant

lives . We evaluate the best

“venue,” or location, to file the

lawsuit for your case based on our

experience concerning how typical

judges and juries handle personal

injury cases in those locations .

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#11 | What’s the difference between the General District Court and the Circuit Court?

Under Virginia law, we are permitted to file lawsuits in the General District

Court for a maximum recovery of $25,000 . For personal injury cases

involving less serious injuries and lower total medical expenses, filing in the

General District Court is the best, most efficient option . Only a judge hears

cases in the General District Court; there is no option for a jury . The benefits

of filing in the General District Court are that the process is streamlined, and

we can get into court much more quickly .

In cases where the injuries are serious and the total medical bills and lost

wages are high, we file lawsuits in the Circuit Court, where the value of the

case must be higher than $25,000 . In almost all the cases we handle, we will

ask that a jury decide your case in the Circuit Court .

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#12 | Do I still have a claim if my health insurance paid my medical bills?

Yes, you are entitled to full reimbursement of your medical treatment .

In other words, we will ask that you be reimbursed for the full cost of your

treatment, not just your out-of-pocket copays or deductible payments .

#13 | Do I have to reimburse my health insurer?

It depends on whether your insurance company has the right to be

reimbursed . We will help you determine what you need to do .

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#14 | Can my health insurer file a lien against my case?

Yes, your health insurance company may file a lien against your recovery

in a process called “subrogation.” When your health insurance pays for the

medical bills from your car accident, and we recover money from the liability

insurance company (the auto insurance company for the person that caused

the wreck, i .e ., the defendant), then your health insurance company may be

entitled to seek reimbursement of, or “subrogate,” the money they paid for

your medical bills from the amount our firm receives from the defendant’s

auto insurance company .

This is a complex process, and we will work with you and your health

insurance company regarding any liens that may apply in your case .

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#15 | Will the information I share with you be confidential?

Yes, all the information you share

with our firm is protected under

attorney-client privilege . Because

the information you provide is

protected, it is important that

you be open and honest with us

about all the facts concerning

the accident, your medical

treatment, your medical history,

prior lawsuits, and any driving or

criminal records . If we know about

issues in your case, we will be

prepared to deal with them during

negotiations and at trial . However,

if we are surprised by a fact that

wasn’t revealed to us, it will have

serious consequences for your case .

www.gibsonsingleton.com

Phone: (804) 413-6777 • Fax: (804) 824-9491

4073 George Washington Memorial Hwy, Hayes, Virginia 23072

info@gibsonsingleton.com